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ARTICLE · 27 MARCH 2024

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The New Turkish Data Protection Law And Cross-Border Data Transfers

Ünsal Law Firm
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On 12 March 2024, the amendments to the Personal Data Protection Law No. 6698 ("KVKK" or "Turkish PDPL") has been published in the Official Gazette.

TurkeyPrivacy
Burcak Unsal
Burcak Unsal
Kaan Özdemir
Kaan Özdemir

On 12 March 2024, the amendments to the Personal Data Protection Law No. 6698 ("KVKK" or "Turkish PDPL") has been published in the Official Gazette.

This amendment will be followed by a regulation to be issued by the Data Protection Authority ("DPA") which will specifically govern the matter of cross-border data transfers.

The updated KVKK along with such regulation will together introduce a new regulatory framework governing the transfer of personal data across borders as an attempt to solve serious problems in practice under the current framework.

Currently, most of the data controllers obtain the explicit consent of the data subjects, since the "safe countries" have not yet been determined by the DPA and the commitment for adequate protection to be signed between the data exporter and the data importer, which requires the approval of the Authority, is not working effectively.

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